Govt urged to purge judicial corruption
Berni K. Moestafa, The Jakarta Post, Jakarta
A visiting United Nations investigator on judiciary independence concluded his mission on Wednesday, expressing concerns over widespread corruption in courts and urging the government to make purging this "menace" its highest priority.
UN special rapporteur Dato Prama Cumaraswamy said the immediate concerns were allegations of widespread corruption in the judiciary.
Calling corruption a cancer of society, he said the "highest priority should be given to excise this menace".
Based on his preliminary observations, the judiciary had lost its prestige and dignity, he said.
He said underpaid judges and the court administration's lack of resources contributed to the deterioration.
"Thus, the judiciary has become a breeding institution for corrupt practices."
Cumaraswamy arrived last week on a 10-day mission to help the government reform its judiciary.
He had planned to come up with recommendations at the end of his visit, but explained he still lacked firm conclusions.
"I have discussed the matter at length with key personalities and hope to get some feedback, and thereafter will make some recommendations on a solution and strategy," Cumaraswamy told a media briefing at the Ministry of Foreign Affairs.
The UN mission here highlights international concern over what is seen as prevailing lawlessness in Indonesia.
Court cases involving foreign investors and the ongoing human rights trials on atrocities in East Timor have drawn international attention.
Cumaraswamy also said he had met with major lenders to Indonesia, but did not explain the outcome of their meeting.
Last week, he said Indonesia's judiciary was in serious problems and that its condition was worse than expected.
A study issued on Tuesday by Indonesian Corruption Watch (ICW) on judiciary corruption appeared to validate his concerns.
ICW's report highlighted "systemic corruption" pervading the legal system from the police, prosecutors, lawyers, judges as well as the Supreme Court.
ICW charged that corruption had become part of the legal system itself, making it near impossible to seek justice without bribery of one form or another.
Cumaraswamy seemed to support ICW's report and said: "It appears clear that there is substance to these allegations of widespread corruption in the administration of justice".
He added the legal profession lacked regulations, and lawyers lacked discipline.
Consequently, he said the country was lacking the procedures necessary to make the legal profession accountable.
The procedures for qualification and admission to practice were also not adequately provided by the law, according to him.
"To date, no one has been able to tell me how many lawyers there are in Indonesia."
On Tuesday, Cumaraswamy came under fire by Minister of Justice and Human Rights Yusril Ihza Mahendra after implying there was insufficient political will to reform the judiciary.
Spokesman to the Ministry of Foreign Affairs Marty M. Natalegawa, said there was no need to question the government's political will.
He said that while everyone was urging faster legal reforms, it did not mean the government was not committed to reform.
On Wednesday, Cumaraswamy said the government had shown interest in reforming the judiciary and bringing it to international standards.
"Both the government and the legislature have embarked on some reform programs to address this issue (the administration of justice)," he said.
These reforms were to revise laws, transfer all powers over the judiciary from the Ministry of Justice and Human Rights to the Supreme Court, and plans for a judicial commission.
Cumaraswamy said the reforms were moving in the right direction, although somewhat slowly.
Meanwhile, public confidence in the judiciary is eroding and the government should take immediate steps to change its tainted image.
Inertia, he warned, could lead the public to take the law into their own hands and dismiss verdicts of even honest judges.